Bill Text: TX HB4202 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the authority of a court to grant a motion for a new trial in certain criminal cases.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2019-05-10 - Referred to Criminal Justice [HB4202 Detail]
Download: Texas-2019-HB4202-Engrossed.html
86R27102 MAW-F | ||
By: Smithee, Wu, Thompson of Harris | H.B. No. 4202 |
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relating to the authority of a court to grant a motion for a new | ||
trial in certain criminal cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 40, Code of Criminal Procedure, is | ||
amended by adding Article 40.002 to read as follows: | ||
Art. 40.002. NEW TRIAL ON MOTION BY AGREEMENT OF PARTIES. | ||
(a) At any time during the period of a term of imprisonment of more | ||
than three years or at any time after the imposition of the penalty | ||
of death, a defendant may, with the written consent of the district | ||
attorney or criminal district attorney, file a motion for a new | ||
trial with the convicting court. The motion must include an agreed | ||
statement of facts for the court to consider. | ||
(b) The court may, after a hearing, grant the defendant a | ||
new trial in the interest of justice. The court may rely on the | ||
agreed statement in granting a new trial, and the agreed statement | ||
may constitute the entire record in the cause. | ||
(c) The rights of appeal provided by Chapter 44 apply to a | ||
decision of a court to grant a new trial under this article, except | ||
that neither the attorney representing the state nor the defendant | ||
is entitled to appeal the court's decision to deny a motion for a | ||
new trial. | ||
(d) The attorney representing the state may condition the | ||
attorney's consent to a motion for a new trial on any appropriate | ||
reason, including a requirement that the defendant: | ||
(1) plead guilty and accept a specific punishment; | ||
(2) waive the defendant's parole eligibility as part | ||
of any punishment agreement; or | ||
(3) waive the defendant's right to appeal. | ||
(e) Until the trial court has granted the motion under this | ||
article, the defendant may withdraw the motion or the attorney | ||
representing the state may withdraw consent to the motion. If the | ||
motion or consent is withdrawn, the court is prohibited from | ||
granting a new trial in the case based on that motion. | ||
SECTION 2. Section 5, Article 11.07, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 5. The Court of Criminal Appeals may deny relief upon | ||
the findings and conclusions of the hearing judge without docketing | ||
the cause, or may direct that the cause be docketed and heard as | ||
though originally presented to said court or as an appeal. Upon | ||
reviewing the record the court shall enter its judgment remanding | ||
the applicant to custody or ordering his release, as the law and | ||
facts may justify. The mandate of the court shall issue to the | ||
court issuing the writ, as in other criminal cases. After | ||
conviction, except as otherwise provided by Article 40.002, the | ||
procedure outlined in this article [ |
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other proceeding shall be void and of no force and effect in | ||
discharging the prisoner. | ||
SECTION 3. Section 1, Article 11.071, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. APPLICATION TO DEATH PENALTY CASE. Notwithstanding | ||
any other provision of this chapter, this article establishes the | ||
procedures for an application for a writ of habeas corpus in which | ||
the applicant seeks relief from a judgment imposing a penalty of | ||
death. This article does not affect the authority of a court to | ||
grant a motion for a new trial under Article 40.002. | ||
SECTION 4. This Act takes effect September 1, 2019. |